Saying Goodbye Is Hard To Do

SAYING GOODBYE IS HARD TO DO

Employers devote a lot of time and resources to developing recruitment, screening, and orientation policies. But few devote a similar amount of time to their policies for discipline and termination.

The consensus of many employment attorneys is that of all human resource policies and practices, an employer's discipline and termination policy entails the greatest potential for employment liability. An employer should develop and follow a termination (or separation) policy, use a separation checklist, and persuade employees to participate in exit interviews.

A separation policy should be included in the employee handbook and should cover the following issues:

• Amount of notice expected from employees and provided by the employer. The employer may want to notify the employees that they will receive additional notice in the event of mass layoffs or reductions in force as required by law.
• When the employer will issue the final paycheck to the employee. State law usually regulates the time frame.
• Whether the company will pay the employee for accrued vacation time. Some states require such payment.
• When benefits, such as Health insurance or tuition reimbursement could terminate, and how the employee can continue their Health coverage under the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
• Which obligations, if any, continue after termination, such as confidentiality and noncompete agreements.
• The employer's policy regarding letters of reference. The policy should state who will handle all requests and what information will be given to prospective employers.
• The employer's request that all employees complete an exit interview form and participate in an exit interview upon separation.

The exit interview is an important part of the termination policy because it could provide significant feedback on the workplace. From a defensive perspective, the exit interview is a way of getting the employee's position in writing when it's fresh. An employee can always change their story, but they'll have to explain any discrepancy with their exit interview.